[Federal Register Volume 84, Number 132 (Wednesday, July 10, 2019)]
[Notices]
[Pages 32870-32871]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-14688]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-201-847]


Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes From 
Mexico: Amended Final Results of Antidumping Duty Administrative 
Review; 2016-2017

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (Commerce) is amending the final 
results of the administrative review of the antidumping duty (AD) order 
on heavy walled rectangular welded carbon steel pipes and tubes (HWR) 
from Mexico to correct a ministerial error.

DATES: Applicable July 10, 2019.

FOR FURTHER INFORMATION CONTACT: David Crespo or Jacob Garten, AD/CVD 
Operations, Office II, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-3693 or (202) 482-3342, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    On May 28, 2019, Commerce issued the final results of the first 
administrative review of the AD order on HWR from Mexico.\1\ Also on 
this date, Atlas Tube, a division of Zekelman Industries, and Searing 
Industries (collectively, the domestic producers), submitted comments 
alleging a ministerial error in Commerce's Final Results.\2\
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    \1\ See Heavy Walled Rectangular Welded Carbon Steel Pipes and 
Tubes from Mexico: Final Results of Antidumping Duty Administrative 
Review and Final Determination of No Shipments; 2016-2017, 84 FR 
24473 (May 28, 2019) (Final Results).
    \2\ See Domestic Producers' letter, ``Heavy Walled Rectangular 
Welded Carbon Steel Pipes and Tubes from Mexico: Ministerial Error 
Comments,'' dated May 28, 2019.
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Legal Framework

    A ministerial error, as defined in section 751(h) of the Tariff Act 
of 1930, as amended (the Act), includes ``errors in addition, 
subtraction, or other arithmetic function, clerical errors resulting 
from inaccurate copying, duplication, or the like, and any other type 
of unintentional error which the administering authority considers 
ministerial.'' \3\ With respect to final results of administrative 
reviews, 19 CFR 351.224(e) provides that Commerce ``will analyze any 
comments received and, if appropriate, correct any ministerial error by 
amending . . . the final results of review. . . .''
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    \3\ See 19 CFR 351.224(f).
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Ministerial Errors

    Commerce committed an inadvertent error within the meaning of 
section 735(e) of the Act and 19 CFR 351.224(f) \4\ with respect to the 
cash deposit rate assigned to the companies not selected for individual 
examination. In the Final Results, we stated our intention to base this 
calculation on the average of the margins calculated for Maquilacero 
S.A. de C.V. (Maquilacero) and Productos Laminados de Monterrey S.A. de 
C.V. (Prolamsa), weighted by their publicly-ranged sales quantities.\5\ 
However, we did not rely on Prolamsa's most recently-submitted 
publicly-ranged sales quantity. Accordingly, we have determined, in 
accordance with section 751(h) of the Act and 19 CFR 351.224(f), that 
an unintentional ministerial error was made in the Final Results. 
Pursuant to 19 CFR 351.224(e), Commerce is amending the Final Results 
to reflect the correction of this ministerial error. Specifically, we 
have now revised the calculation to include Prolamsa's correct U.S. 
quantity.\6\ This correction changes the cash deposit rate for the non-
individually-examined companies from 5.88 percent to 6.13 percent.\7\ 
For a detailed discussion of this ministerial error, as well as 
Commerce's analysis, see Ministerial Error Memorandum.\8\
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    \4\ Id.
    \5\ See Memorandum, ``Calculation of the Cash Deposit Rate for 
Non-Reviewed Companies,'' dated May 20, 2019 (Final Results Average 
Rate Memo); and Final Results, 84 FR at 24474.
    \6\ See Final Results Average Rate Memo.
    \7\ See Memorandum, ``Amended Calculation of the Cash Deposit 
Rate for Non-Reviewed Companies,'' dated concurrently with this 
notice (Amended Final Results Review-Specific Average Rate Memo).
    \8\ See Memorandum, ``Antidumping Duty Administrative Review of 
Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes from 
Mexico; 2016-2017: Ministerial Error Memorandum,'' dated 
concurrently with this notice (Ministerial Error Memorandum).
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Amended Final Results of the Review

    We are assigning the following weighted-average dumping margins to 
the firms listed below for the period March 1, 2016 through August 31, 
2017:
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    \9\ We note that Maquilacero's and Prolamsa's margins remain 
unchanged from the Final Results.

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                                                                dumping
                      Exporter/producer                         margin
                                                               (percent)
                                                                  \9\
------------------------------------------------------------------------
Maquilacero S.A. de C.V.....................................        1.43
Productos Laminados de Monterrey S.A. de C.V................        8.09
------------------------------------------------------------------------

    Review-Specific Average Rate Applicable to the Following Companies: 
\10\
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    \10\ See Amended Final Results Review-Specific Average Rate 
Memo. This rate is based on the rates for the respondents that were 
selected for individual review, excluding rates that are zero, de 
minimis, or based entirely on facts available. See section 
735(c)(5)(A) of the Act.

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                      Exporter/producer                         dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Arco Metal S.A. de C.V......................................        6.13
Forza Steel S.A. de C.V.....................................        6.13
Industrias Monterrey, S.A. de C.V...........................        6.13
Perfiles y Herrajes LM S.A. de C.V..........................        6.13
PYTCO S.A. de C.V...........................................        6.13
Regiomontana de Perfiles y Tubos S.A. de C.V................        6.13
Ternium S.A. de C.V.........................................        6.13
Tuberia Nacional S.A. de C.V................................         (*)
Tuberia Procarsa S.A. de C.V................................        6.13
------------------------------------------------------------------------
* No shipments or sales subject to this review.


[[Page 32871]]

Disclosure

    We intend to disclose the calculation performed for these amended 
final results in accordance with 19 CFR 351.224(b).

Antidumping Duty Assessment

    Pursuant to section 751(a)(2)(C) of the Act, and 19 CFR 
351.212(b)(1), Commerce has determined, and U.S. Customs and Border 
Protection (CBP) shall assess, antidumping duties on all appropriate 
entries of subject merchandise in accordance with the amended final 
results of this review.
    Pursuant to 19 CFR 351.212(b)(1), where Maquilacero and Prolamsa 
reported the entered value of their U.S. sales, we calculated importer-
specific ad valorem duty assessment rates based on the ratio of the 
total amount of dumping calculated for the examined sales to the total 
entered value of the sales for which entered value was reported. Where 
the respondents did not report entered value, we calculated the entered 
value in order to calculate the assessment rate. Where either the 
respondent's weighted-average dumping margin is zero or de minimis 
within the meaning of 19 CFR 351.106(c)(1), or an importer-specific 
rate is zero or de minimis, we will instruct CBP to liquidate the 
appropriate entries without regard to antidumping duties. In addition, 
for entries of subject merchandise during the period of review (POR) 
produced by Maquilacero or Prolamsa for which the respondent did not 
know its merchandise was destined for the United States, we will 
instruct CBP to liquidate unreviewed entries at the all-others rate if 
there is no rate for the intermediate company or companies involved in 
the transaction. The all-others rate is 4.91 percent.\11\ We will also 
instruct CBP to take into account the ``provisional measures cap'' in 
accordance with 19 CFR 351.212(d).
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    \11\ See Heavy Walled Rectangular Welded Carbon Steel Pipes and 
Tubes from the Republic of Korea, Mexico, and the Republic of 
Turkey: Antidumping Duty Orders, 81 FR 62865, 62866 (September 13, 
2016) (AD Orders). We note that the Final Results contained an 
incorrect all-others rate.
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    For the companies which were not selected for individual review, we 
will assign an assessment rate based on the average \12\ of the cash 
deposit rates calculated for Maquilacero and Prolamsa. The amended 
final results of this review shall be the basis for the assessment of 
antidumping duties on entries of merchandise covered by the amended 
final results of this review and for future deposits of estimated 
duties, where applicable.\13\
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    \12\ This rate was calculated as discussed in footnote 10, 
above.
    \13\ See section 751(a)(2)(C) of the Act.
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    We intend to issue liquidation instructions to CBP 41 days after 
publication of the final results of this administrative review.

Cash Deposit Requirements

    The following cash deposit requirements will be effective 
retroactively, as appropriate, for all shipments of subject merchandise 
entered, or withdrawn from warehouse, for consumption on or after the 
May 28, 2019, the date of publication of the Final Results of this 
administrative review, as provided for by section 751(a)(2)(C) of the 
Act: (1) The cash deposit rate for each specific company listed above 
will be that established in the amended final results, except if the 
rate is less than 0.50 percent and, therefore, de minimis within the 
meaning of 19 CFR 351.106(c)(1), in which case the cash deposit rate 
will be zero; (2) for previously reviewed or investigated companies, 
including those for which Commerce may have determined they had no 
shipments during the POR, the cash deposit rate will continue to be the 
company-specific rate published for the most recently completed segment 
of this proceeding; (3) if the exporter is not a firm covered in this 
review or another completed segment of this proceeding, but the 
manufacturer is, then the cash deposit rate will be the rate 
established for the most recently completed segment of this proceeding 
for the manufacturer of the merchandise; and (4) if neither the 
exporter nor the manufacturer is a firm covered in this or any 
previously completed segment of this proceeding, then the cash deposit 
rate will be the all-others rate of 4.91 percent established in the 
less-than-fair-value investigation.\14\ These deposit requirements, 
when imposed, shall remain in effect until further notice.
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    \14\ See AD Orders.
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Notification to Importers

    This notice serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during this review period. Failure to comply 
with this requirement could result in the Secretary's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of doubled antidumping duties.

Administrative Protective Order

    This notice serves as a reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3), which continues to govern 
business proprietary information in this segment of the proceeding. 
Timely written notification of return/destruction of APO materials or 
conversion to judicial protective order is hereby requested. Failure to 
comply with the regulations and terms of an APO is a sanctionable 
violation.

Notification to Interested Parties

    These amended final results and notice are issued and published in 
accordance with sections 751(h) and 777(i) of the Act and 19 CFR 
351.224(e).

    Dated: July 1, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2019-14688 Filed 7-9-19; 8:45 am]
 BILLING CODE 3510-DS-P